Pesticides / herbicides
8/15/2009 7:07:57 PM EST
6th Cir. stays pesticide ruling so EPA can issue general permits for applications in, over, or near waters of the U.S.
Partner, Ropers Majeski Kohn & Bentley
Prior posts have noted cases, such as those in the 9th Circuit and the 6th Circuit, which have held that pesticide applications in, over, or near waters of the U.S. require a CWA permit. In the case of the 6th Circuit case [National Cotton Council of America v. EPA], which had voided a 2006 EPA rule exempting certain applications from CWA permit requirements, the Court of Appeals has now issued a 2-year stay of its ruling so that EPA can issue NPDES general permits to cover pesticide applications addressed by the ruling.
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